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Notice to Employees Covered by IBEW Union Security Agreements: Fee Payers Objection Plan for 2017 |
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Many collective bargaining agreements between employers and the IBEW or its local unions include "union security" provisions stating that employees must become and remain members of the union as a condition of employment. The National Labor Relations Act permits employers and unions to negotiate these clauses where they are not otherwise prohibited by state law. These provisions are also permitted under the Railway Labor Act and under many state public employee bargaining laws. Under these laws, employees may fulfill their "union security" obligations either by joining the union and thereby enjoying the full rights and benefits of union membership, or by simply fulfilling their financial obligations to the union. Employees who elect to become agency fee payers — that is, who choose not to become full-fledged IBEW members — forfeit the right to enjoy a number of benefits available only to union members. For example, only union members are entitled to attend and participate in union meetings; to run for union office and to nominate and vote for candidates for union office; to participate in contract ratification and strike votes; to participate in the development and formulation of IBEW policies; to participate in the formulation of IBEW collective bargaining demands; and to serve as delegates to the International Convention. Agency fee payers are generally charged the same dues and initiation fees uniformly required of IBEW members. However, agency fee payers who object to supporting certain union activities may pay a reduced fee to ensure that none of their money is used to support those activities. In particular, objectors are charged only for activities or projects that are reasonably related to collective bargaining. Examples of such "chargeable" activities are negotiating collective bargaining agreements; meeting with employer representatives; meeting with employees on employment-related issues; participating in proceedings on behalf of workers under the grievance procedure, including arbitration; and managing internal union affairs. Among activities considered "nonchargeable," which objectors are not required to support, are support of political candidates, general community service, legislative activities, certain costs of affiliation with non-IBEW organizations, and members-only benefits. The IBEW Agency Fee Payers Objection Plan establishes the procedure for obtaining a fee reduction and is set forth in full below. By way of summary, fee payers must file their objections during the designated open period (usually the month of November) or within 30 days of becoming agency fee payers. Because this is a Convention year, this notice, usually published in the October Electrical Worker, is instead appearing in this special combined October-November edition, and the open period has therefore been extended. Current fee payers who wish to file objections for calendar year 2017 must do so between November 1 and December 31, 2016. Objections must be addressed to the International Secretary-Treasurer, IBEW, 900 Seventh Street, N.W., Washington, D.C. 20001, and must be postmarked during the November-December open period. Objections filed during this open period will become effective on January 1, 2017, and will remain effective for as long as the objector remains in the bargaining unit. No special form is required to register an objection. However, please include your full name, your mailing address, the local union to which you pay fees, your nonmember identification number (if known), and your Social Security number. In addition, if you move, please advise the International Secretary-Treasurer of your new address. Dues and fees paid by employees covered by IBEW bargaining agreements consist of a portion retained by the local union and a portion transferred to the International. During January of each year, or as soon as possible after receiving a timely mid-year objection, the International will mail a check reflecting the reduction in the International's portion of the fees to each objector who has filed a timely objection with the International Secretary-Treasurer, along with a detailed explanation of the basis for the fee reduction. During these same time frames, the local union that represents the objector will provide him or her with a reduction in its portion of the fees, either by sending a reduction check or by adjusting the amount of the objector's periodic payments, and will provide information explaining the basis for its reduction. The reductions are based on the percentage of the unions' expenditures that were devoted to "chargeable" and "nonchargeable" activities during the previous fiscal year, as defined above. For example, the International determined that during its 2014-15 fiscal year, 48.64% of its expenditures were for "chargeable" activities and 51.36% of its expenditures were for "nonchargeable" activities. The locals' portions vary, with most local unions devoting between 90 and 95 percent of their annual expenditures to "chargeable" activities. In no year has any IBEW local union spent a smaller percentage of its expenditures on "chargeable" activities than the International, although some of the locals use the International's percentage to calculate their own annual reduction — thereby giving objectors a larger reduction than if the locals used their own figures. Some public sector collective bargaining laws require different procedures for honoring the rights of nonmembers. If you are a public employee covered by such a law, your local union will advise you of the proper procedure to follow to register your objection. The IBEW Agency Fee Payers Objection Plan1 1. Nonmembers' Right to Object. 2. Procedure for Filing Objections. 3. Reduction in Agency Fees. Agency fees are composed of a portion forwarded to the International as per capita payments and a portion retained by the LU. When the IST receives timely objections, he will forward the names of the objectors to the LUs to which they pay their agency fees. As set forth in greater detail below, the International will determine the percentage reduction to be applied to the per capita portion of the objector's fees and will issue checks reflecting the reduction in per capita payments to which objectors are entitled. In addition, each IBEW LU will establish its own procedure for determining the reduction in its portion of the agency fees and for reducing the objectors' payments by the appropriate amounts. 4. Calculation of Reduction in Per Capita Payments. 5. Per Capita Reduction Check. 6. Appeal to Impartial Arbitrator. a. The appeal must be made in writing and must be received in the office of the IST within 30 days of the date on which the IST mails the objector his or her per capita reduction check. The appeal should explain the basis of the challenge. b. The impartial arbitrator will be appointed by the American Arbitration Association (AAA) through its Rules for Impartial Determination of Union Fees, issued on June 1, 1986. c. Such appeals will be consolidated to the extent practicable and heard as soon as the AAA can schedule the arbitration. The presentation to the arbitrator will be either in writing or at a hearing, if requested by any objector(s). If a hearing is held, any objector who does not wish to attend may submit his or her views in writing by the date of the hearing. If a hearing is not requested, the arbitrator will set a date by which all written submissions must be received and will decide the case based on the records submitted. The International will bear the burden of justifying its calculations. d. The costs of the arbitrator's services and any proceedings before the arbitrator will be borne by the International. Individually incurred costs will be borne by the party incurring them. e. While the appeal is pending, the IST will hold in escrow a portion of the fees paid by objectors in an amount sufficient to insure that the portion of the fee reasonably in dispute will not be expended during the appeal procedure. In the event that the impartial arbitrator determines that the objectors are entitled to a greater reduction in their fee payments than that calculated by the IST, additional checks will be issued for the balance of the reduction due, as determined by the arbitrator. 7. Appeals from Local Union Fee Reductions. 1 Where public employees are employed under a law requiring different procedures, the employees' Local Union will provide information about the proper procedures to follow. |
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